Filing Suit In Florida Commercial Motor Vehicle Accident Cases
After a vehicle accident, it is common for an injured party to file a personal injury lawsuit against the person they believe was responsible for the harm they have suffered. However, when that person is a commercial motor vehicle (CMV) driver, actually recovering money damages can be difficult – though not impossible. The right attorney on your side can help give you the best chances to do so.
Who Can Be Held Liable?
In a standard accident case, one private individual might seek damages from another private individual. When the allegedly negligent party is a commercial driver, it can be a different story. In Florida, it may be possible to hold a commercial vehicle driver liable for the injuries you have suffered, but it is much more difficult to actually receive monetary compensation if the driver is the only defendant simply because many cannot afford to pay out.
Enter the legal theory of respondeat superior, also known as vicarious liability. Respondeat superior means ‘let the master answer’ in Latin, and this theory holds that if a person is acting within the scope of their employment at the time they commit a tort (essentially, the civil law version of a crime), their employer may be on the proverbial hook as well as the employee themselves. This can help injured plaintiffs actually get paid if a jury finds damages are warranted.
Many Possible Defendants
In addition to the driver and their employer, there may be other actors who played a role in causing the plaintiff’s injury. One of the more common examples is a cargo loading or shipping company, whose employees may improperly load a commercial vehicle, causing poor balance and possibly a cargo spill, either of which can lead to a crash. Another often-seen defendant is a vehicle or part manufacturing company, if evidence showing a faulty part contributed to the crash exists.
In order to establish liability for anyone, it is crucial that you enlist legal help as quickly as possible, so that you are able to have the most time and evidence to help you in court. The right attorney knows how to approach this type of case, and how to ensure that little details are not lost during the process of evidence collection. You deserve the best chance possible to prevail in court.
Contact A Tampa Commercial Vehicle Accident Attorney
Accident cases involving commercial vehicles can feel much more difficult to win, just because of how many possible defendants and outcomes these cases may have. Let a Tampa commercial vehicle accident attorney help you – the Rinaldo Law Group is ready and willing to try and assist. Call our office today to schedule a free consultation.
